Policy Science Perspective

Policy Science Perspective MEMBERS: Ylade, Donna Frances Milanes, Rainier Anthony Dimayuga, Leoncia Ma. Cecilia

The Yale Approach Policy oriented approach was launched at Yale University by Prof. Harold Lasswell and Prof. Myres McDougal

Solution: To move away from Legal Positivism and Legal Realism

Policy Science  guideline, strategy or

program concerning the creation, clarification and realization of values.

Systematic study of the social processes by which POLICY IN GENERAL is developed and executed to achieve OBJECTIVES.

POLICY SCIENCE JURISPRUDENCE  Law is an instrument of

SOCIAL ORDERING.

SOCIAL VALUES 

 GOALS   POLICY GUIDELINES   Statute, Admin. Order, Judicial Decision

LEGAL POSITIVISM Law is a

complete set of norms and rules of action which excludes from its specific concerns value creation, clarification and realization.

POLICY SCIENCE

Law is adequate

if it does not take into account the goal values and policy guidelines to which the society is committed.

FOUR SALIENT FEATURES 1. Reaction Against Obsolete

Concept of the Role of Law 2. Movement Away from Ontological Jurisprudence 3. Emphasis on the Rights of Man 4. Movement for the Universal Recognition of Social

1. Reaction Against Obsolete Concept of the Role of Law Obsolete Role of Law There is the inability of the policy

makers to come out with simple and basic social values for the attainment of peace and security Problems of Law Universities and

Colleges

2. Movement Away from Ontological Jurisprudence Ontological Jurisprudence Positivism – no moral

principles precede the law Realism – between just and

unjust law

3. Emphasis on the Rights of Man

Recession of the

Fundamental Human Rights Infinite worth of Human

Dignity

4. Movement for the Universal Recognition of Social Values

Policy science is a

science of Social Values.

Policy Process 1. Value Creation 2. Value Clarification 3. Social Value Implementation

The Basic Social Values

POWER • A political mechanism for the good of the society which reflects the will and choice of the people as a whole and not just that of the leader.

POWER Forms of Authority

Refers to the distribution of the exercise of the social value of POWER in a politically organized society. 1. Government 2. Pressure Organizations 3. Private Business Enterprises 4. Cultural Organizations

POWER Facts of Control

Well known in constitutional science as popular sovereignty and the controlpower of the people. 1. Making and changing the fundamental laws of the land whenever a need for such change arises. 2. Making and changing laws and influencing the changes in important decisions directly or indirectly.

POWER 3. Expressing free and genuine will in popular elections by means of secret balloting and not by block voting. 4. Having real access to and holding of any constitutional and political office. 5. Free criticisms on public matters or officials in the spirit of truth and decency. 6. The Freedom to express opinions and ideas.

POWER Aspects and Referents As a social value, POWER has a tree-fold meaning or aspects. 1. The capacity to secure and maintain the fundamental rights. 2. The competence to share in the making of policy of private groups or organizations. 3. The capacity to participate in the making of important public decisions without any political or religious interference.

KNOWLEDGE Purposive Forms

As a social value KNOWLEDGE has two (2) basic purposes to wit: a. To dispel misunderstanding. b. To eradicate ignorance.

KNOWLEDGE General Aspect ► Means widespread understanding among people of different cultures and backgrounds. ► Freedom in pursuit of truth. ► The maintenance of the right to think and the right of private judgment.

KNOWLEDGE Particular Aspect In which the social value of KNOWLEDGE has two (2) distinct meanings to wit: a. It signifies the emancipation of the masses through education and the ever increasing training and instruction at all levels according to talent and ambition. ►The state has the right to regulate, supervise and aid in the education of adults and children for his duties, responsibilities and human relations.

KNOWLEDGE b. The cognition and appreciation of how democratic ways and processes work and the ways for it to continue to work better. ► Men cannot simply remain loyal to democratic ideas and processes without the cognition that these are capable of making them free.

KNOWLEDGE Tendential Functions

There are four (4) tendential functions of KNOWLEDGE to wit: 1. Cultural Progress 2. Moral Progress 3. Political Progress 4. Economic Progress

RESPECT Regards for life and esteem for the

dignity and worth of human personality. A. Regard for Life and Limb – the free and unharmed possession of the complete body. B. Regard for Human Personality 1. Positive Phase Freedom from any kind of discrimination on grounds of race, sex, language, religion, political opinion, or

RESPECT The society has a great deal to do with the degree of respect a person may bestow or expect from another. 2. Negative Phase Individual initiative, choice and determination are hindered or inferred with (e.g. outlawing subversive organizations) As much as possible, respect for human right and freedoms should be always restored.

LIBERTY As a social value LIBERTY is not unrestricted.

In Rubi vs. Provincial Board, it was held that liberty cannot be dwarfed into mere freedom from physical restraint of the person of the citizen, but is deemed to embrace the right of man to enjoy the faculties with which he has been endowed by his Creator subject only to such restraints as are necessary for the common welfare. LIBERTY is manifested in the ability of a

person to do things which are essential to realize his or her conscience, opportunities

LIBERTY Forms

1. Active Mode – legal authority, which may either be legal claim or legal power. 2. Passive mode – legal exemption, which may either be a legal immunity or la legal privilege.

LIBERTY Tension or Problem Area

► The social values of Liberty, Respect, and Equality form the problemarea in the legal ordering of society. ► Unrestricted or unreasonable interferences by the government or by influential groups can destroy these social values. yet still the government is nonetheless essential to their maintenance, augmentation, and even preservation.

LIBERTY ► Liberties “guaranteed by the constitution, imply the existence of an organized society maintaining public order without which liberty itself would be lost in the excesses of unrestrained abuses. ► Who should win in a conflict between individual rights and the claim of the government to national security? ► Therefore, the BALANCE to strive for is to consider the government as an organ committed to the protection of the social values.

LIBERTY Constituent Parts

1. Personal Liberty 2. Religious Liberty a. Freedom of Conscience b. Freedom of Worship c. Freedom of Religion

LIBERTY 3. Civil Liberty 4. Political Liberty 5. Economic Liberty  

6. National Liberty

LIBERTY Paradox of Effective Liberty

► Contradiction in the recognition of the social value “liberty”. ►Despite the inclusion of liberty in constitutions and decisions of higher courts, violations are still notoriously frequent.

LIBERTY ►Conditions often violated: economic insecurity, moral degradation, violence, and wars. ►With the right national policies, certain conditions like peace and order, social security and financial stability will enable liberty to thrive.

INCOME General Aspect: denotes freedom from want

and the conservation of the natural resources Particular Aspect: embraces the minimal

substance or means of meeting the immediate necessities and comforts of life.

SAFETY General Aspect: denotes freedom from fear

of disease, pestilence and hunger as well as freedom from fear of violence, disorder and war Particular Aspect: represents or signifies

protection, public health, social security, and peace and order

EQUALITY • Negative Aspect:

1) equality is not absolute similarity 2) equality is not an assurance that everyone shall, as a matter of fact, be the same in all relations ►Jural Inequality: material and relevant to the legal ordering ►Invalid view of Equality: equality means similarity of all matters of social relationship

EQUALITY • Positive Aspect: the point is that this social

value is worth striving for in the areas or parts where they are attainable “all men are equal” ► each person’s well-being and happiness is as secure and inviolate as that of every other person ► everyone has a rightful claim to equal treatment and protection of the law, regardless of any inconsequential and

EQUALITY Constituent Parts

John Rawls

1. the equal right of everyone to the total system of basic liberty 2. fair equality in opportunities to offices and positions in order to heighten the chances of those with lesser chance or opening “equitable sharing of social goods as well as material goods to the greatest possible of the least favored”

EQUALITY

and Balance Before the

Law All individuals have a rightful and lawful

expectation to the same treatment and protection of laws without regard to persons involved. All individual owe equal obedience to the laws. 1. SIMPLE TYPE – religion or sex is irrelevant in the exercise of suffrage 2. DISTRIBUTIVE TYPE – the apportionment of benefits and burdens

EQUALITY

and Balance of

Opportunity • Equal condition and equal access to the

effective expression of individual merit toward success or even failure.

EQUALITY

and Balance of Rights and

Freedoms

• Every human being is endowed with

certain primal or original rights and freedoms, to wit: 1. right to life, liberty, security and property 2. right to religion 3. right to education and free exercise of the mind 4. right to free expression

EQUALITY

and Balance of Political

Value • Every individual must count for one and

only one in political participation without regard to person.

LAW Can truly be an instrument of global,

regional and national control when “it is committed to the complete achievement of the social values that constitute the professed ends of democratic societies.” ►An advocacy of consistent, compatible and principled policies, legislation and decisions on the basis of social values.

LAW Vital instrument for ordering conduct

through the formation, clarification and realization of the social values where “the patterns of authority are conjoined with the patterns of control.”

LAW “Where decisions or solutions are authoritative but not controlling, then there is no law but only pretense, and where decisions or solutions are controlling but not authoritative, then there is no law but only naked power.”

LAW Important Contribution to Legal

Philosophy Statutes not in agreement with the social values are neither authoritative nor controlling, in much the same manner as the naturalist jurisprudents view statutes which are contrary to the precepts of natural law to be no law at all.

Importance of the Policy Science Jurisprudence “ A bad decision is simply one that is not in accordance with the social values.”

END IN VIEW Attainment of peace, order and security

“Freedom is found when there is one world state which is democratically organized, or to the degree that democratic states are able to prevent interference by despotic power.”(Lasswell and McDougal)